Texas State Laws

Summary:

Requirements

Required

Reference

Description

State specific Rx required*

Good Samaritan protection for UNTRAINED users

§ 74.151(a), § 779.006

The prescribing physician who authorizes the acquisition of an automated external defibrillator in accordance with this chapter, a person or entity that provides approved training in the use of an automated external defibrillator in accordance with this chapter, and the person or entity that acquires the automated external defibrillator and meets the requirements of this chapter are not liable for civil damages for such prescription, training, or acquisition unless the conduct is wilfully or wantonly negligent. Any person or entity that acquires an automated external defibrillator and negligently fails to comply with the requirements of this chapter is liable for civil damages caused by such negligence.(a) A person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly negligent, including a person who: (1) administers emergency care using an automated external defibrillator; or (2) administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.095, Government Code. (b) This section does not apply to care administered: (1) for or in expectation of remuneration, provided that being legally entitled to receive remuneration for the emergency care rendered shall not determine whether or not the care was administered for or in anticipation of remuneration; or (2) by a person who was at the scene of the emergency because he or a person he represents as an agent was soliciting business or seeking to perform a service for remuneration. (c), (d) Deleted by Acts 2003, 78th Leg., ch. 204, § 10.01. (e) Except as provided by this subsection, this section does not apply to a person whose negligent act or omission was a producing cause of the emergency for which care is being administered. This subsection does not apply to liability of a school district or district school officer or employee arising from an act or omission under a program or policy or procedure adopted under Subchapter 0-1, Chapter 161, Health and Safety Code, other than liability arising from willful or intentional

Good Samaritan protection for TRAINED users only

Medical Direction requried

§ 779.002(a)(2), § 157.419(f)(2)

A licensed physician is involved in the training program to ensure compliance with the requirements of this chapter.

State Specific Medical Direction required

AED routinely maintained and/or tested

§ 779.003, § 157.41(f)(4)

A person or entity that owns or leases an automated external defibrillator shall maintain and test the automated external defibrillator according to the manufacturer’s guidelines.

Training required for expected users

§ 779.002(a)(1), § 157.41(d)(1)

Each user of the automated external defibrillator receives training given or approved by the Department of State Health Services in: (A) cardiopulmonary resuscitation; and (B) use of the automated external defibrillator. The executive commissioner of the Health and Human Services Commission shall adopt rules establishing the minimum requirements for the training required by this section. In adopting rules under this section, the executive commissioner shall consider the guidelines for automated external defibrillator training approved by the American Heart Association, the American Red Cross, or another nationally recognized association.

Response Plan or Protocols

157.419(f)

Quality improvement procedures are developed and followed.

Notification to local 911/Dispatch agency

Notification to local EMS agency

§ 779.005, § 157.41(e)(1)

When a person or entity acquires an automated external defibrillator, the person or entity shall notify the local emergency medical services provider of the existence, location, and type of automated external defibrillator.

Registration or notification with State or other agency

Provide Post Use data to EMS

157.41(e)(2)

A person or entity that provides emergency care to a person in cardiac arrest by using an automated external defibrillator shall promptly notify the local emergency medical services provider.